不動産登記의 有效要件에 關한 一考

• 영문명: A Study on the Effective Requisites of Real Estate Registration
• 발행기관: 한국부동산학회
• 저자명: 김상현(Kim, Sang Hyun) 이창석(Lee, Chang Suck)
• 간행물 정보: 『부동산학보』不動産學報 第36輯, 127~136쪽, 전체 10쪽
• 주제분류: 경제경영 > 경제학
• 파일형태: PDF
• 발행일자: 2009.02.15

영문 초록

1. CONTENTS (1) RESEARCH OBJECTIVES In the fluctuations of the real right of real estate, there will be a real right action and registration together. So in the theory of the fluctuations of the real right it's the most important problem what kind of requisites must have if the effect of the fluctuations of the real right occurs with a real right action. In connection with these effective requisites, cspccially if the registration is cancelled illegally or omitted later, there are conflict opinions about the legal proceedings of the duplicating registration and the intermediate omitted registration. This study will present the rational and efficient solutions of those problems. (2) RESEARCH METHOD We choose literature research methods through various kinds of material domestic books and theses. (3) RESEARCH FINDINGS In case the registration is cancelled illegally or omitted later, there are two theories. The first is that the right of a substantive rightful person is continued existence. The second is that right becomes extinct. The former is proper. In the duplicating registration, there is a conflict among the theory in the adjective law, in the substantial law, and in the adjective law of the substantial law. The theory in the substantial law is adequate. In the intermediate omitted registration, there is a confrontation among the invalidity theory, relative invalidity theory and validity theory. The validity theory is reasonable. 2. RESULTS In case the registration is cancelled illegally or omitted later, the register is just the exterior of the rights and is not the right in itself. So in this case, the substantive right doesn't still cease to exist. In the case duplicating registration, whether preceding registration or last registration The registration done by substantive righter, is valid. That theory of the interpretation is desirable. In the intermediate omitted registration, if eventually the registration is completed at present to the person who has to have the real right, it must be valid despite of the flaw of the registration. That is desirable from the point of view of the legal stability. 3. KEY WORDS real estate registration, the effective requisites, duplicating registration, the intermediate omitted registration, cancelled illegally of registration.

목차

Ⅰ.序論

Ⅱ.不動産登記의 基本原則

Ⅲ. 形式的 有效要件에 있어서의 問題

Ⅳ. 實質的 有效要件에 있어서의 問題

Ⅴ.結論

<參考文獻>

키워드

real estate registration the effective requisites duplicating registration the intermediate omitted registration cancelled illegally of registration.